REVIEW COMMENTS
I
;'
I
I
:
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-513
Agenda Memorandum for
September 19, 1995 City commission Meeting
FROM:
carrie Parker
City Manager
Tambri J. Heyden n i!
planning and Zoning Director
TO:
DATE:
September 14, 1995
SUBJECT: Palm Walk ACLF - CUTE 95-001jCNTE 95-001
Time Extension (conditional use and
certification)
concurrency
Please place the above-referenced request on the September 19, 1995
city Commission agenda under Development Plans.
DESCRIPTION: Mark Fassy, owner and agen~ for Trio Associates, Inc,
is requesting a one year time extension for conditional use
approval and concurrency certification for construction of a 48 bed
adult congregate living facility, the Palm Walk ACLF - located on
a 1.955 acre parcel, zoned R-3, Multi-family Residential, on the
north side of S.W. 19th Avenue, approximately 351 feet east of
congress Avenue and 598 feet south of Woolbright Road. This
request was submitted prior to the project's conditional use and
concurrency certification expiration of August 16, 1995. (One year
after the August 16, 1994 Commission approval.)
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request subject to staff
comments (Planning and Zoning Department Memorandum No. 95-491).
TJH:dim
Attachment
xc: central File
II:CCAyende..Pftll11
,
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-491
TO: Chairman and Members
planning and Development Board
FROM: 'l'ambri J. Heyden ~Wk' C2 .7 i _.~
Planning and Zoning Direct~ ~
DATE: September 7, 1995
SUBJECT: Palm walk ACLF - CUTE 95-001jCNTE 95-001
Time Extension (Conditional use and concurrency
certification)
NATURE OF REOUEST
Mark Fassy, owner and agent for Trio Associates, Inc., is
requesting a one year time extension for conditional use approval
and concurrency certification for the Palm Walk ACLF - adult
congregate living facility (see attached letter of request dated
August 7, 1995). The proposed ACLF is to be located on a 1.955
acre parcel, zoned R-3, Multi-family Residential, on the north
side of S.W. 19th Avenue, approximately 351 feet east of Congress
Avenue and 598 feet south of Woolbright Road (see attached
locatioll map).
BACKGROUND
On August 16, 1994, the City Commission granted conditional use
approval for the Palm walk ACLF; a 17,042 square foot, 48 bed,
specialized adult congregate living facility with limited nursing
services for Alzheimer's and dementia patients. The approval was
subject to staff comments and included concurrency certification
for all levels of service. Also approved was a request for a
Community Design Plan Appeal (under the former Community Design
Plan) to the "Modernll design district to allow a white cement
tile roof rather than the required metal, tar and gravel or
built-up with deck and space frame with skylight.
ANALYSIS
Two sections of the Land Development Regulations govern these
types of extensions. Regarding expiration of the project1s
concurrency certification, Chapter 1.5, Article VI, Section 12.J
of the Land Development Regulations states that such requests for
time extensions IImay be filed not later than 60 days after the
expiration of said certificate". It further states that "time
extensions may be granted for any length of time which does not
exceed one year". The project's conditional use and concurrency
certification expired August 16, 1995 (one year after the August
16, 1994 Commission approval). since the time extension request
was submitted prior to this expiration date, the request is
timely.
Regarding expiration of the conditional use approval, Chapter 2,
Section 11.2.E.2.b.(2) of the Land Development Regulations (LDRs)
indicates that when the land has not been substantially
physically improved, consideration shall be given to the
applicant's genuine desire to physically develop the land
involved as evidenced by his diligence and good faith efforts to
acutal1y commence and complete construction of the project for
whicb original approval was granted. As stated in the LDRs, "In
determining good faith, some of the factors to be considered are:
the extent to which construction has commenced, when construction
has occurred, and the extent to which there has been a bona fide
continuous effort to develop but because of circumstances beyond
the control of the applicant, it was not possible to meet the
time limit". The intent is to oppose permitting a land
speculator to retain an approval to more readily sell the land.
".
TO: Planning and Development Board
-2-
september 7, 1995
No construction has commenced on the subject property and no
permit applications have been submitted to date since the
original approval. The attached letter, dated september 2, 1995,
from the applicant has been submitted as the applicant's
verification that he has made a good faith effort to develop the
property.
RECOMMENDATION
On August 22, 1995, the Technical Review Committee (TRC)/
Concurrency Review Board met to discuss the time extensions for
Palm walk. At this meeting the following recommendation was
formulated for consideration by the Planning and Development
Board and City Commission: approval for a one year time
extension, subject to continued maintenance of the property and
adherence to all staff comments that conditioned the original
approval (this would include the Community Design Plan appeal
that was granted). The basis for this recommendation was that in
staff's opinion, the applicant's difficulties with financing were
out of his control and that no city requirements had changed
since the original approval.
tjh
Attachments
xc: Central File
A:PalmWkTE
MARK JOEL FASSY
ARCH'TECT
t ) 2 8 ,1. V ,1. V U l CAN U S
OURAY Il1.CH. n. U .84
.' . .' TIlIPHON1 ,.on .....0.' }? /7 (g S
'7ftl1 ~)1 -f>> t tl lflLt ~ .Rt!f:t4i<ii(
J)l~ &If~ S1i11 . ~.~ qfcJltl Wdf(~/
V 611 [.i{JJljllR,it atW A. c. L,t, 'U - .
8(J~M a ,cfwJe ~t~cg. /cJv\)lIW--
cdwf. .dtJ1 aW /' flLi.JPR. pf :fluS ci!o YUlO'( rI.,)
;u1k. :r{il~ Ltllfou-J!e ' 0 1llt2~{(( ~l{ U
LtlkzJt 1ffA~
@ In. ~J\ w ~ fn\
1\1i1 AUG.lliJ95 ~
PlANNING AND
ZONING OEPl
-----
t f)CA"nON MAP
"PALM WALK" A.C.L.r. ...
. .... . ....~~
. ' ..
. . 1 .
.: pee
roN
..-
1
(\
~'
,/-::r< ~ '
o "\ 18
~.\\ \ \ \ \ \
.,.... AOO. . 800 t=E.E:r
_. ~ ..lIdlN . 7'
-~ Jlo-eI tSEa46JI -.
ARCHITECT
~f2{(jlS
105 " ~:l}iJm(JX(tdt iJ
I. . D
. ~/~ tuJl { 11. 3?4Z'7. o3/tJ
nt ~ (~j{RtfcJ ef ClPf{X)ftf Sift F1kl 1m
ratut Wtllf~ A · C. L, f. r
lttJw / .
CiJ ,)fJ, /~iJlfJJ Jrui<t,d' - .J au! . tUtJ,.ultj.
11'1)\ q~. t~~~.... 10 UltlJ; 4P1~ _~t6,t&1.i
[~ p. ' at l \; a.,tl t I ad It V,t () , j:u:zJ,~< ,1&
'. . txJt ) ~~u.t,..d ~. .. Jje ,J-ii.(, -
i V.L.~rr(i~ {( /:UZW. , (t(l4~~S .~)a;~U()., ii Ii, c. D.
)lf~lfLlLL ;CL/.i /~ c MY acu () .' 1 r
, .r.14.et4.f a .u-~u... i-1ttl . . ,iii, Pft.UHU{lf{{
&F'fv1ti2tdIJ ~iJ.ad.Urli' f .!taid2<J
( "( t / ~
~( /tt\r.( -pI/{
fn), ~ l\l ~ U ~ ~
~\1U SEP 5 \995
~N\NG AND
ON\N OEPT.-.j
PH' (401) 499-2042 13289 A VIA VULCANIlS DELRA Y BEACH. FLDRIDA 33484 FAX' (401) 499-2042
.-
.' --'......,. r...
. ~
.. ,_ '... .--IIt,
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-513
Agenda Memorandum for
September 19, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden n t!
Planning and Zoning Director
TO:
DATE:
September 14, 1995
SUBJECT: Palm Walk ACLF - CUTE 95-001/CNTE 95-001
Time Extension (conditional use and
certification)
concurrency
Please place the above-referenced request on the September 19, 1995
city Commission agenda under Development Plans.
DESCRIPTION: Mark Fassy, owner and agen~ for Trio Associates, Inc,
is requesting a one year time extension for condi tional use
approval and concurrency certification for construction of a 48 bed
adult congregate living facility, the Palm Walk ACLF - located on
a 1.955 acre parcel, zoned R-3, Multi-family Residential, on the
north side of S.W. 19th Avenue, approximately 351 feet east of
congress Avenue and 598 feet south of Woolbright Road. This
request was submitted prior to the project's conditional use and
concurrency certification expiration of August 16, 1995. (One year
after the August 16, 1994 Commission approval.)
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request sUbject to staff
comments (Planning and Zoning Department Memorandum No. 95-491).
TJH:dim
Attachment
xc: Central File
II:CCAqenc1a.PHII!I
I
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-491
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. Heyden ,<:::~.....u.'Q .71 'dL-w
Planning and Zoning Direct~ ~
DATE: September 7, 1995
SUBJECT: Palm Walk ACLF - CUTE 95-001jCNTE 95-001
Time Extension (Conditional use and concurrency
certification)
NATURE OF REOUEST
Mark Fassy, owner and agent for Trio Associates, Inc., is
requesting a one year time extension for conditional use approval
and concurrency certification for the Palm walk ACLF - adult
congregate living facility (see attached letter of request dated
August 7, 1995). The proposed ACLF is to be located on a 1.955
acre parcel, zoned R-3, Multi-family Residential, on the north
side of S.W. 19th Avenue, approximately 351 feet east of Congress
Avenue and 598 feet south of Woolbright Road (see attached
location map).
BACKGROUND
On August 16, 1994, the City Commission granted conditional use
approval for the Palm Walk ACLF; a 17,042 square foot, 48 bed,
specialized adult congregate living facility with limited nursing
services for Alzheimer's and dementia patients. The approval was
subject to staff comments and included COllcurrency certification
for all levels of service. Also approved was a request for a
Community Design Plan Appeal (under the former Community Design
Plan) to the "Modern" design district to allow a white cement
tile roof rather than the required metal, tar and gravel or
built-up with deck and space frame with skylight.
ANALYSIS
Two sections of the Land Development Regulations govern these
types of extensions. Regarding expiration of the project's
concurrency certification, Chapter 1.5, Article VI, Section 12.J
of the Land Development Regulations states that such requests for
time extensions "may be filed not later than 60 days after the
expiration of said certificate". It further states that "time
extensions may be granted for any length of time which does not
exceed one year". The project's conditional use and concurrency
certification expired August 16, 1995 (one year after the August
16, 1994 Commission approval). Since the time extension request
was submitted prior to this expiration date, the request is
timely.
Regarding expiration of the conditional use approval, Chapter 2,
Section 11.2.E.2.b.(2) of the Land Development Regulations (LDRs)
indicates that when the land has not been substantially
physically improved, consideration shall be given to the
applicant's genuine desire to physically develop the land
involved as evidenced by his diligence and good faith efforts to
acutally commence and complete construction of the project for
which original approval was granted. As stated in the LDRS, "In
determining good faith, some of the factors to be considered are:
the extent to which construction has commenced, when construction
has occurred, and the extent to which there has been a bona fide
continuous effort to develop but because of circumstances beyond
the control of the applicant, it was not pOSSible to meet the
time limit". The intent is to oppose permitting a land
speculator to retain an approval to more readily sell the land.
TO: Planning and Development Board
-2-
September 7, 1995
No construction has commenced on the subject property and no
permit applications have been submitted to date since the
original approval. The attached letter, dated September 2, 1995,
from the applicant has been submitted as the applicant's
verification that he has made a good faith effort to develop the
property.
RECOMMENDATION
On August 22, 1995, the Technical Review committee (TRC)/
Concurrency Review Board met to discuss the time extensions for
Palm Walk. At this meeting the following recommendation was
formulated for consideration by the Planning and Development
Board and City Commission: approval for a one year time
extension, subject to continued maintenance of the property and
adherence to all staff comments that conditioned the original
approval (this would include the Community Design Plan appeal
that was granted). The basis for this recommendation was that in
staff's opinion, the applicant's difficulties with financing were
out of his control and that no city requirements had changed
since the original approval.
tjh
Attachments
xc: central File
A:PalmWkTE
MARK JOEL FASSY
ARCH ITECT
, ) 1 8 91. V I A V U l CAN U S
OlLM'!" IlACH. n. U ...
.' 'I' TElEPHONE (407) ....10.1
:. .,-..f' ,J FACSIMIU
caq ~ r&tfJun ~!t -
~TJi1 ~)<1 --t t f1 1Jltf. /j&Jl1ff:(4Ui)(
J.}lit ~~!Q-& . ~.~ ((fafta Wdt{~11
'U dt ( tt;liih ./~~ t.fuulW A. c. L,t I r .
j;~. ',\ I)"~ ~ /l J}' I) .. ,) Ir ~ cO ; j')
..' ,Vt ~.IA a 'ccwd~ " t ~-;:ov~ . ~,'t'.(,lilt./" -
cdwe. .tf.s-lt aw I' f.lJJ -4e -r-. JjIkJ ~. 7 UlO (
J2i1L /fct{( Cellfou-Jl.e, 111JA..~d( i~t{
LtlJadt 1lv.t1
{D)m6~8W~{il\
Uil M/G- 11995 ~
PLANz NING AND
ONING DEPT.
'6/7/913
\
/'.
~.
'0 1/8
~"\ \ \l~o\~o FEEl
"1 .4 AlNI
- ~ rSfod rS5aMJ1 -
ARcmTECT
\v~Wu '." &(: 1 .) . /.
lfd ~~;.~Um(J22&Jt w;JJ
, :/D
~ . 1, M ( f1. H42/; 03/iJ
,
f1j ~ (~:ti~v'~r~ t't ~'1 r
'lllJ}W ~ .
OJ i)e>\ /~V71h /d:4ridd' '. .J aU1 .MeUii(j,
~ q~ {~~(-.10 ~zl~ 4:pp~ .t~t6,t~t.i
If& . rcd Ut r ~allt &l ft: (j,f b ' J:0d ,'zJ2Ci<'JJ"
" lWl ) ,~t;-U( .d ~ .. -fje ,JH& -
,~l"~t[U.itf a I!UZW. i (Altfi~~ .~~ULt ii f/, u. D.
iffi7U.ttb}tl.IniL .' .. &~ deu v" . J r
, rJdvv,Jf a:. u"fu'. ;.tltL.,dtf. PhztHU{CIfj
dfrf.!ov1t11~'t1 ~iJ.{ld.urt-v t )lacd&.i
L{/ tnlc.1ai/-i
C)!2{9 s
[D)rn@rnuwrn
un SEP 5 1995
PLANNING AND f)
HIN DEPT.--4H
PH . (407) 499.2042 13289 A. VIA VULcANUS DELRA. Y BEACH. FLORIDA. 33484 FAX · (407) 499.2042
...
<~.\..);,
7.F.l
PALM WALK a/k/a BOYNTON BELVEDERE
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-491
FROM:
Chairman and Members
Planning and Development Board
C ; . ('i t71.,.~.
Tambri J. Heyden ~~~i<... "~~
Planning and Zoning Direct~ /.
TO:
DATE:
September 7, 1995
SUBJECT:
Palm Walk ACLF - CUTE 95-001jCNTE 95-001
Time Extension (Conditional use and concurrency
certification)
NATURE OF REOUEST
Mark FassYr owner and agent for Trio Associatesr Inc., is
requesting a one year time extension for conditional use approval
and concurrency certification for the Palm Walk ACLF - adult
congregate living facility (see attached letter of request dated
August 7, 1995). The proposed ACLF is to be located on a 1.955
acre parcel, zoned R-3r Multi-family Residential, on the north
side of S.W. 19th Avenuer approximately 351 feet east of Congress
Avenue and 598 feet south of Woolbright Road (see attached
location map) .
BACKGROUND
On August 16, 1994, the city commission granted conditional use
approval for the Palm walk ACLF; a 17,042 square foot, 48 bedr
specialized adult congregate living facility with limited nursing
services for Alzheimer's and dementia patients. The approval was
subject to staff comments and included concurrency certification
for all levels of service. Also approved was a request for a
Community Design plan Appeal (under the former Community Design
Plan) to the "Modern" design district to allow a white cement
tile roof rather than the required metal, tar and gravel or
built-up with deck and space frame with skylight.
ANALYSIS
Two sections of the Land Development Regulations govern these
types of extensions. Regarding expiration of the project's
concurrency certification, Chapter 1.5, Article VI, Section 12.J
of the Land Development Regulations states that such requests for
time extensions "may be filed not latel- than 60 days after the
expil-ation of said certificate II . It further states that IItime
extensions may be granted for any length of time which does not
exceed one year". The project's conditional use and concurrency
certification expired August 16, 1995 (one year after the August
16, 1994 Commission approval). Since the time extension request
was submitted prior to this expiration date, the request is
tlmely.
Regarding expiration of the conditional use approval, Chapter 2,
Section 11.2.E.2.b.(2) of the Land Development Regulations (LDRs)
indicates that when the land has not been substantially
physically improvedr consideration shall be given to the
applicant's genuine desire to physically develop the land
involved as evidenced by his diligence and good faith efforts to
acutally commence and complete construction of the project for
which original approval was granted. As stated in the LDRs, IIIn
determining good faithr some of the factors to be considered are:
the extent to which construction has commenced, when construction
has occurred, and the extent to which there has been a bona fide
continuous effort to develop but because of circumstances beyond
the control of the applicant, it was not possible to meet the
time limit". The intent is to oppose permitting a land
speculator to retain an approval to more readily sell the land.
TO: Planning and Development Board
-2-
September 7r 1995
No construction has commenced on the subject property and no
permit applications have been submitted to date since the
original approval. The attached letterr dated September 2r 1995r
from the applicant has been submitted as the applicant's
verification that he has made a good faith effort to develop the
property.
RECOMMENDATION
On August 22r 1995r the Technical Review Committee (TRC)/
Concurrency Review Board met to discuss the time extensions for
Palm Walk. At this meeting the following recommendation was
formulated for consideration by the Planning and Development
Board and City Commission: approval for a one year time
extensionr subject to continued maintenance of the property and
adherence to all staff comments that conditioned the original
approval (this would include the Community Design Plan appeal
that was granted). The basis for this recommendation was that in
staff's opinion, the applicant's difficulties with financing were
out of his control and that no city requirements had changed
since the original approval.
tjh
Attachments
xc: Central File
A:PalmWkTE
)OEl fASS"'<
MAP-v.. \ T E C. T
p.. P- C. \-\ l C. ... t-t V \
, ) 1 8 "'" V , ,.. u. v::. )) .,4
.. ...~ ,,""'....
Ou...." l"On ....10.1
n\lPtlONt
f"'C.~'''^\\.t
)?h (C)S
lZ.. '^ _~O t .
I .' Jpn~1 - .i lJl,,\)t
~.I i1 ftJJ>>r-;, ,-;7 ,-irn ~ Ru. .
. ",,\J) j ~W ;- ;0, )) /' ,.
~ niL ~~vv'\ A c. L-,t, ~. ~ !ow\. ,(tit
1 0/ 'ir&J1jl.QUlltV1 '. . . \. ;4a> ; I . .
at I L~1f IL " J ' fl t.ewJ~ rp, -ii, .. / #. 7 t<U{) ( f/,
&J~~'\.'V1 Q . f~' ~()LVj cP1J.. U
, 'j . ). . 1 l Il{.
c/JJA .d~aW I. 4.~ut, l11jtl~{k \.
;JLlt irtW a'(lf Ltlkl~(t 1MJuI
//
~,.
c
"
l
<I'
..- . ....
'0 1/8
~ I \ \l~O\~O FEET
,.. .... AlII/IN . 7'"
~ ,sfod c.S5~
ARcmTECT
C)!2(9 b
~~Id~ ., :~(' 1 ~i w~ ~~w '
. '(t, .~D M { Ji. ~~42/7. 03/1J
.f?tl ~ 1~tP-wcei, ~ 9f (lp, · 2ff~' 8i& f12ul 1m
, ~U I (fbiU( v1k1efe.{ A- C L, r: r
'l/t.lLfw -' .
OJ i)M /t(tWZ ;,utd.if: ( .J WvtltU:{U{{(j,
~.~ ai(. 'i~~.C 10 u~ qPl}iW~!. J -f-d6tYtI
U& 11J' .U( Iv{U,lt ad tt (),If) , .J:.[ad,~<J1,-/
. , l!.. OVt .) ,~~ue .d i. vji€ .Ji"b -
i~~t-~ 1{~~~- ~irlu' u~~ /i ;t,~ c. D.
, .f1Mdf :ts.~. ,j4tL "zltk. r;&tN/{{if{l
~tf1i~'tJ y/J.c.VJuJif" jlatdtJ
L{/ tn(t~/i<
fD)rn@rnuwrn
lJl1 SEP 5 1995
PlANNING AND f)
lONING DEPT. --lH
PH: (407) 499-2042 13289 A VIA VULcANUS DELRA Y BEACH. FLORIDA
33484 FAX: (407) 499-2042
:MEMORANDUM
Utilities # 95-272
TO: Tambri 1. Heyden,
Planning & Zoni
FROM: 10hn A. Guidry,
Director of Utilities
Date: August 24, 1995
SUBJECT: Palm Walk, ACLF Time Extension
Staffhas reviewed the above referenced project and offer the following comments:
1. The Utilities Department has no comment
It is our recommendation that the plan proceed through the review process.
If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or
Peter Mazzella at 375-6404,
sm
xc: Clyde "Skip" Milor
Peter Mazzella ;:Y'
File